31 Amendments of Doru-Claudian FRUNZULICĂ related to 2018/0243(COD)
Amendment 399 #
Proposal for a regulation
Recital 1
Recital 1
(1) The general objective of the Programme "Neighbourhood, Development and International Cooperation Instrument" (the ‘Instrument’) should be to promote sustainable development, contribute to the eradication of poverty, fight inequality in all its forms uphold and promote the Union’s values and interests worldwide in order to pursue the objectives and principles of the Union’s external action, as laid down in Article 3(5), Articles 8 and 21 of the Treaty on European Union.
Amendment 406 #
Proposal for a regulation
Recital 3
Recital 3
(3) In accordance with Article 8 of the Treaty on European Union, the Union shall develop a special relationship with neighbouring countries, aiming to eliminate inequalities, the gender equality gap and to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation. This Regulation should contribute to such objective.
Amendment 408 #
Proposal for a regulation
Recital 4
Recital 4
(4) The primary objective of Union’s development cooperation policy, as laid down in Article 208 of the Treaty on the Functioning of the European Union is the reduction and, in the long term, the eradication of poverty and should complement and reinforce the Members States' development cooperation policies . The Union’s development cooperation policy also contributes to the objectives of the Union’s external action, in particular to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty, as set out in Article 21(2)(d) of the Treaty on European Union.
Amendment 439 #
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the international commitments of the Union on development effectiveness as adopted in Busan in 2011 and renewed at the Nairobi High Level Forum in 2016 and recalled in the Consensus, the Union’s development cooperation should apply the development effectiveness principles, namely ownership of development priorities by developing countries, a focus on results, alignment, harmonisation, inclusive development partnerships as well as transparency and accountability.
Amendment 451 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Children and youth are essential agents of change and contributors to the realisation of Agenda 2030, as recognised in the European Consensus on Development and Art. 3 of the Treaty on European Union. The Union's external action under this regulation will give particular attention to their rights and empowerment and will contribute to the realisation of their potential as key agents of change by investing in human development and social inclusion.
Amendment 457 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) In line with existing commitments in EU Gender Action Plan II, at least 85% of ODA-funded programmes should have gender equality as a principal or significant objective. In addition, 20% of all Official Development Assistance under this regulation should have gender equality as a principal objective. These commitments will be reflected through specific objectives under all pillars of the instrument.
Amendment 460 #
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13c) Under this regulation, we will give particular attention to the rights and empowerment of children and youth, in particular girls and young women, and will contribute to the realisation of their potential as key agents of change by investing in human development and social inclusion.
Amendment 511 #
Proposal for a regulation
Recital 28
Recital 28
(28) Reflecting the importance of tackling climate change, protecting the environment and fight nature loss, in line with the Union commitments to implement the Paris Agreement, the Convention on Biological Diversity and the United Nations Sustainable Development Goals, this Regulation should contribute to mainstream climate and environmental action in the Union policies and to the achievement of an overall target of 250 % of the Union budget expenditures supporting climate and environment objectives. Actions under this Regulation are expected to contribute 250% of its overall financial envelope to climate objectiveand environment related objectives and support actions with clear and identifiable co-benefits across sectors. Relevant actions will be identified during the implementation of this Regulation, and the overall contribution from this Regulation should be part of relevant evaluations and review processes. As a general principle, all Union action and expenditure should be consistent with the objectives of the Paris Agreement and not contribute to environmental degradation. Special emphasis should be put on support for adaptation to climate change in poor, highly vulnerable countries. Financing of climate action through this regulation will contribute to the honouring of the developed countries’ commitment to mobilise USD 100 billion per year from 2020 to address the needs of developing countries.
Amendment 530 #
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should enable the Union to respond to challenges, needs and opportunities related to migration, in complementarity with Union migration policy. To contribute to that end, and without prejudice to unforeseen circumstances, 10% of its financial envelope is expected to be dedicated to addressing the root causes of irregular migration and forced displacement and to supporting migration management, to contribute to helping host communities provide concrete support for displaced persons, notably the provision of access to basic services and livelihoods opportunities and to supporting strengthened engagement to facilitate safe, orderly, regular and responsible migration and the implementation of planned and well-managed migration policies and governance including the protection of refugees and migrants' rights within the objectives of this Regulation.
Amendment 535 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Capacity building in support of development and security for development should be used in exceptional cases only, where the objectives of the Regulation cannot be met by other development cooperation activities. Giving support to security sector actors in third countries, excluding the military, in a conflict prevention, crisis management or stabilisation context is essential to ensure appropriate conditions for poverty eradication and development. Good governance, effective democratic control and civilian oversight of the security system, as well as compliance with human rights and the rule of law principles are essential attributes of a well-functioning State in any context, and should be promoted through a wider security sector reform support to third countries.
Amendment 590 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point a a (new)
Article 3 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) to pursue the eradication of poverty, especially in Least Developed Countries (LDCs);
Amendment 721 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Programmes and actions under this Regulation shall mainstream conflict prevention and peace-building, climate change, environmental protection and, gender equality and women’s empowerment, and shall address interlinkages between Sustainable Development Goals, to promote integrated actions that can create co-benefits and meet multiple objectives in a coherent way. These programmes and actions shall be based on an analysis of risks and vulnerabilities, integrate a resilience approach and be conflict sensitive. They shall be guided by the principle of leaving no one behind.
Amendment 728 #
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7 a. The Commission shall ensure that actions adopted under this Regulation in relation to security, stability and peace, in particular with regard to capacity building of security actors in support of development and security for development, fight against terrorism and organised crime, and cyber-security, are applied in accordance with international law, including international human rights and humanitarian law. The Commission shall carefully monitor and report on the application of such actions pursuant to Article 31 in order to ensure compliance with human rights obligations. For such actions, the Commission shall pursue a conflict sensitive approach, including conflict analysis, in addition to the provisions on risk management under Article 8(8)b. The Commission shall adopt a delegated act in accordance with Article 34 supplementing this Regulation by establishing an operational framework to ensure that human rights are taken into consideration in the design and application of the measures referred to in this Article, in particular as regards the prevention of torture and other cruel, inhuman or degrading treatment and respect for due process, including the presumption of innocence, the right to a fair trial and rights of defence.
Amendment 738 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In accordance with Article 41(2) of the Treaty on European Union, Union funding under this Regulation shall not be used to finance the procurement of arms or ammunition, or operations having military or defence implications. Any equipment supplied under this Regulation shall be subject to strict transfer controls as set out in the EU Common Position on Arms Exports.
Amendment 743 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Assistance pursuant to this Article may cover in particulashall be conflict sensitive and may cover in particular actions providing support and training to civil society actors, including women, men, girls and boys from diverse segments of society, to develop their capacity to monitor the actions of military forces. It may also cover the provision of capacity building programmes in support of development and security for development, including training, mentoring and advice, as well as the provision of equipment, infrastructure improvements and services directly related to that assistance.
Amendment 757 #
Proposal for a regulation
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) where a consensus exists between the partner country concerned and the Union that militarsecurity actors are key for preserving, establishing or re-establishing the conditions essential for sustainable development and that those security actors are not implicated in human rights violations or pose a threat to the functioning of state institutions, including in crises and fragile or destabilised contexts and situations.
Amendment 765 #
Proposal for a regulation
Article 9 – paragraph 5 – point a
Article 9 – paragraph 5 – point a
(a) recurrent military expenditure;
Amendment 773 #
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The Commission shall establish appropriateundertake rigorous and systematic ex ante conflict analysis which fully integrates gender analysis, risk assessment, monitoring and evaluation procedures for measures pursuant to this Article.
Amendment 776 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a Scope of the thematic programmes 1. Thematic programmes shall cover the following areas of intervention: (a) Human Rights, Fundamental Freedoms and Democracy: - protecting and promoting human rights and human rights defenders in countries and urgency situations where human rights and fundamental freedoms are most at risk, including through addressing urgent protection needs of human rights defenders in a flexible and comprehensive manner. - upholding human rights and fundamental freedoms for all, contributing to forging societies in which participation, non-discrimination, equality, social justice and accountability prevails. - consolidating and supporting democracy addressing all aspects of democratic governance, and supporting credible, inclusive and transparent electoral processes, in particular by means of EU Election Observation Missions (EU EOMs). - promoting effective multilateralism and strategic partnerships contributing to reinforcing capacities of international, regional and national frameworks and empowering local actors in promoting and protecting human rights, democracy and the rule of law. - fostering new cross-regional synergies and networking among local civil societies and between civil society and other relevant human rights bodies and mechanisms so as to maximise the sharing of best practices on human rights and democracy, and create positive dynamics. (b) Civil Society Organisations and Local Authorities: - supporting inclusive, participatory, empowered and independent civil society in partner countries; - promoting dialogue with and between civil society organisations; - supporting capacity building of local authorities and mobilising their expertise to promote a territorial approach to development; - increasing awareness, knowledge and engagement of Union citizens about objectives specified in Article 3 of this Regulation; - supporting civil society to participate in public policy advocacy and dialogue with governments and international institutions; - supporting civil society to sensitize consumers and citizens and raise their awareness about environmental friendly and fair trade production and consumption, to encourage them to adopt more sustainable behaviour; (c) Stability and Peace - assistance for conflict prevention, peace- building and crisis preparedness; - assistance in addressing global and trans-regional threats and emerging threats; (d) global challenges - health, - education, - women, - children and youth, - migration and forced displacement, - decent work, social protection and inequality, - culture, - ensuring a healthy environment and tackling climate change, - sustainable energy, - sustainable and inclusive growth, decent jobs and private sector engagement, - food and nutrition, - access to safe water, sanitation and hygiene - promoting inclusive societies, good economic governance, and transparent public finance management. (e) Foreign Policy Needs and Priorities: - providing support for the Union's bilateral, regional and inter-regional cooperation strategies, promoting policy dialogue and developing collective approaches and responses to challenges of global concern; - providing support for Union trade policy; - contributing to the implementation of the international dimension of internal Union policies and promoting the widespread understanding and visibility of the Union and of its role on the world scene; 2. Further details of the areas of cooperation referred to in paragraph 3 are set out in Annex III.
Amendment 784 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. CAll cooperation and interventions under this Regulation shall be programmed, except for rapid response actions referred to in Article 4 (4) shall be conflict- and gender sensitive.
Amendment 851 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) to address new needs or emerging challenges, such as those at the Union’s or its neighbours’ borders linked to crisis and post-crisis situations or migratory pressure;
Amendment 868 #
Proposal for a regulation
Article 16 – paragraph 2 – point c
Article 16 – paragraph 2 – point c
(c) commitment to and progress in building deep and sustainable peace and democracy;
Amendment 882 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Indicatively 10 % of the financial envelope set out in Article 4(2)(a) to supplement the country financial allocations referred to in Article 12 shall be allocated to partner countries listed in Annex I in order to implement the performance-based approach. The performance-based allocations shall be decided on the basis of their progress towards democracy, human rights, rule of law, cooperation on migration, economic governance and reforms. The progress of partner countries shall be assessed annually.
Amendment 920 #
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
Appropriate environmental screening, including for climate change and biodiversity impacts, shall be undertaken at the level of actions, in accordance with the applicable legislative acts of the Union, including Directive 2011/92/EU82 of the European Parliament and of the Council and Council Directive 85/337/EEC83 , comprising, where applicable, an environmental impact assessment for environmentally sensitive actions, in particular for major new infrastructure; where exceptional assistance measures concern conflict related crises and threats to peace, conflict analysis and risk assessments shall be conducted in order to ensure positive impact and effectiveness of that assistance. _________________ 82 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification) (OJ L 26 28.1.2012. p.1). 83 Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 05.07.1985. p. 0040 – 0048).
Amendment 921 #
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
Appropriate environmental screening, including for climate change and biodiversity impacts, shall be undertaken at the level of actions, in accordance with the applicable legislative acts of the Union, including Directive 2011/92/EU82 of the European Parliament and of the Council and Council Directive 85/337/EEC83 , comprising, where applicable, an environmental impact assessment for environmentally sensitive actions, in particular for major new infrastructure. as well as a human rights due diligence and an assessment of externalities (beyond the environmental but also social and economic aspect). _________________ 82 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification) (OJ L 26 28.1.2012. p.1). 83 Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 05.07.1985. p. 0040 – 0048).
Amendment 927 #
Proposal for a regulation
Article 22 – paragraph 7 – point c
Article 22 – paragraph 7 – point c
(c) contributions to the necessary costs of setting up and administering a public- private partnership;, including support of broad participation by setting up independent 3rd party CSO body to assess and monitor PPP set-ups.
Amendment 941 #
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
Budget support as referred to in point (c) of paragraph 1, including through sector reform performance contracts, shall be based on country ownership, mutual accountability and shared commitments to universal values, democracy, human rights, the rule of law, and aims at strengthening partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity development, and improved governance, complementing partners' efforts to collect more and spend better in order to support sustainable and inclusive economic growth and decent jobs and poverty eradication.
Amendment 959 #
Proposal for a regulation
Article 24 – paragraph 12
Article 24 – paragraph 12
12. Under the Democracy and Human Rights programme, Civil Society Organisations, Peace-building, Conflict Prevention and Stability, Global Challenges thematic programmes as well as for rapid response actions, any entity not covered under the definition of legal entity in Article 2(6) shall be eligible when this is necessary to pursue the areas of intervention of this programme.
Amendment 988 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Objectives for the EFSD+ 1. The EFSD+ operations eligible for support through the External Action Guarantee shall contribute to the following priority areas: (a) providing finance and support to private and cooperative sector development to contribute to sustainable development and, where appropriate, the European Neighbourhood Policy and the objectives set out in Article 3 of the of Regulation EU.../... [IPA III]; (b) addressing bottlenecks to private investments; (c) leveraging private sector financing, with a particular focus on micro, small and medium-sized enterprises; (d) strengthening socio-economic sectors and areas and related public and private infrastructure and sustainable connectivity and sustainable production, with the objective of promoting an inclusive and sustainable socio-economic development that respects human rights and the environment; (e) contributing to climate action and environmental protection and management; (f) contributing, by promoting sustainable development, to addressing specific root causes of migration, including irregular migration, and contribute to safe, orderly and regular migration and mobility. 2. The External Action Guarantee shall not be used to privatize or undermine the provision of essential public services, which remains a government responsibility.
Amendment 1039 #
Proposal for a regulation
Article 31 – paragraph 6 a (new)
Article 31 – paragraph 6 a (new)
6 a. The Commission shall submit an annual report to the European Parliament and to the Council on the financing and investment operations covered by the External Action Guarantee, and the functioning of the EFSD+, its management and its effective contribution to its objectives.That report shall be made public and be accompanied by an opinion of the Court of Auditors.It shall include the following elements: (a) an assessment of the results contributing to the purpose and objectives of the EFSD+ as set out in Article 26(1); (b) an assessment of current financing and investment operations and covered by the External Action Guarantee at sector, country and regional levels and their compliance with this Regulation, including the risk measures and their impact on the financial and economic stability of the partners; (c) an assessment of the additionality and added value, the mobilisation of private sector resources, the estimated and actual outputs and the outcomes and impact of the financing and investment operations covered by the External Action Guarantee on an aggregated basis, including the impact on decent job creation and ability to provide a living wage, the eradication of poverty and the reduction of inequality, are addressed;that assessment shall include a gender analysis of the operations covered based on evidence and data broken down by gender, where possible, and an analysis of the type of private sector supported including cooperatives and social enterprises; (d) an assessment of the compliance with the requirements concerning the use of the External Action Guarantee and of the achievement of key performance indicators established for each proposal submitted; (e) an assessment of the leverage effect achieved by the operations covered by the External Action Guarantee; (f) the financial amount transferred to beneficiaries and an assessment of financing and investment operations by each eligible counterpart on an aggregated basis; (g) an assessment of the additionality and added value of financing and investment operations of the eligible counterparts, and of the aggregate risk associated with those operations; (h) detailed information on calls on the External Action Guarantee, losses, returns, amounts recovered and any other payments received, as well as overall risk exposure; (i) the financial reports on financing and investment operations of the eligible counterparts covered by this Regulation, audited by an independent external auditor; (j) an assessment of the synergies and complementarity between operations covered by the External Action Guarantee and the second and third pillars of the EIP based on relevant existing reports, with particular regard to progress made on good governance, including in the fight against corruption and illicit financial flows, respect for human rights, the rule of law and gender-responsive policies, as well as the boosting of local entrepreneurship and local financial markets; (k) an assessment of the compliance of External Action Guarantee operations with the internationally agreed development effectiveness principles; (l) an assessment of the remuneration of the guarantees and of the application of the provisions related to excluded activities and non-cooperative jurisdictions.
Amendment 1082 #
Proposal for a regulation
Annex II – part A – point 1 – point j
Annex II – part A – point 1 – point j
(j) Increasing transparency and accountability of public institutions, strengthening public procurement, including the development of sustainable criteria (environmental, social and economic) and targets and public finance management, developing eGovernment and strengthening service delivery;